Brown O’Connor Communications Weekly Look Ahead: Week Commencing 20 September 2021

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Forward Look

  • Prime Minister Boris Johnson MP has reshuffled his Cabinet. Conor Burns MP has been appointed Minister of State in the Northern Ireland Office, replacing Robin Walker MP who takes up the role of Schools Minister. Former Foreign Secretary Dominic Raab MP has been demoted to Justice Secretary and been replaced by Liz Truss. Former Education Secretary Gavin Williamson has been sacked and is replaced by Nadhim Zahawi.

  • NI Assembly Speaker Alex Maskey MLA has outlined a new category of business called ‘Member’s Statements’, that will be scheduled at the beginning of Plenary on a weekly basis for a maximum of thirty minutes. This allows Members to make a statement to the Assembly on a topical matter of public interest.

  • Economy Minister Gordon Lyons MLA has announced the High Street Voucher Scheme will be open for applications on 27 September. The scheme will close on 30 November and pre-paid cards will cease to be valid.

  • Sinn Féin is set to table a Bill that would see Ireland’s lobbying regulations tightened following the Katherine Zappone controversy. The Bill will see the “cooling off period”, that restricts people who have served in Government from engaging in lobbying, extended to two years.

  • SDLP Leader Colum Eastwood MP has called on the Prime Minister to fast track legislation through the House of Commons to stop an immediate assembly election if devolution collapses.

  • The Department of Health has confirmed the Covid-19 vaccination programme will be extended to 12-15 year olds in Northern Ireland and those aged over 50 and healthcare staff will be offered booster jabs.

  • Education Minister Michelle McIlveen MLA has announced special schools will receive £800,000 for investment in outdoor play and learning support.

  • DUP Leader Sir Jeffrey Donaldson MP has told the House of Lords he would like Northern Ireland to move towards a system of being governed by voluntary coalition as opposed to the current system of mandatory coalition to improve political decision making.

  • Communities Minister Deirdre Hargey MLA has launched a £5m fund to retain skills in the creative sector and support freelancers. The fund will provide a grant of £2,000 to those eligible in the creative sector.

  • On Monday, the Communities Minister and the Economy Minister will take part in Question Time. On Tuesday, the Education Minister will face questions.

  • On Wednesday, the Committee for Infrastructure will hold a Committee Inquiry on the Decarbonisation of Road Transport in Northern Ireland. The Economy Committee will receive a briefing from the NI Human Rights Commission on the Parental Bereavement (Leave and Pay) Bill. The Executive Office Committee will receive a written briefing on the UK Approach to the Ireland/Northern Ireland Protocol and the Finance Committee will hear evidence on the LCM Pension Reform from departmental officials and public sector unions.

  • On Thursday, the Committee for Agriculture, Environment and Rural Affairs will receive Oral Evidence from the Environmental Justice Network and Professor Kevin O’Connor on the Climate Change No. 1 Bill. The Health Committee will consider the clauses of the Health and Social Care Bill. The Communities Committee will receive briefings on the Charities Bill and the Justice Committee will hold informal deliberations on the Damages (Return on Investment Bill).

  • The Centre for Cross Border Studies will host its Annual Conference on Friday. Register here: LINK.

Other Stories this week

  • A FinTech NI report showed that Northern Ireland could benefit from over £25m in new Foreign Direct Investment, the setup of over 20 new companies, and the creation of thousands of jobs in three years. Read the report here: LINK.

  • The Defamation Bill, sponsored by UUP MLA Mike Nesbitt, has passed its Second Stage by an Oral Bill. The Bill will now go to Committee Stage.

  • Queen’s University Belfast’s Senate is seeking to appoint a number of new co-opted lay members to act as charity trustees, commencing in 2022.

  • A report produced by the Pivotal think tank for Belfast Chamber found that Northern Ireland councils have a narrow range of powers compared to other models of local governance within the UK. It concluded that localised decision-making can act as a catalyst for innovation and economic regeneration. Read the report here: LINK.

  • Sinn Féin President Mary Lou McDonald has said the Party will not publish the completed internal review into its operations in Derry.

  • Belfast Harbour has announced the appointment of three new directors to its leadership team.

  • Mobile vaccination centres have been set up across the six Further Education Colleges and universities campus sites to encourage young people to get the Covid-19 vaccine, as part of the Department of Health’s ‘Jabbathon’ initiative.

  • DUP Councillors Kathryn Owen and Glyn Hanna have returned to the Party after quitting amid bullying claims.

Upcoming key political and business events

Consultations

Reinventing the workplace - blended working in action, by Eversheds Sutherland Partner Lisa Bryson

As originally appeared in the Irish News, 14 September

Eversheds Sutherland Partner Lisa Bryson

Eversheds Sutherland Partner Lisa Bryson

As we approach the autumn, minds will inevitably turn to the final quarter of 2021 and many will begin thinking about next year. For businesses, planning a return to the office will be front and centre of their considerations. With over 85% of the population vaccinated in Northern Ireland and fewer restrictions than at any other time during the pandemic, life is moving towards some semblance of normality.

Covid has changed the face of the workplace, thrusting home and remote working on millions of us. While not perfect for every employee, home working has been a blessing for many, offering a more equal work/life balance, helping with responsibilities like childcare, and saving money on petrol or commuting costs. It’s hardly surprising, therefore, that over half of workers want to be able to retain the right to work from home after the pandemic, according to a recent YouGov poll.

However, this comes with challenges for employers to navigate. Hybrid or blended working is one popular approach which seeks to balance employee desire to retain home working with the employer’s need to have workers in the office, even part-time.  Our firm has recently announced a trial of blended working across our UK offices while other large Belfast-based companies like FinTrU and PwC have announced they will not be mandating a return to the office for all staff.

While still very much a moving picture, employers should consider some key aspects before they make any firm decisions. On the HR side, issues like productivity, learning and development, diversity and inclusion, and colleague collaboration and networking will naturally drive employers to want to bring staff back to the office. These are issues which can be affected by employees being at home full-time or not in the office as frequently and which can hold back both employees and employers. They must be carefully considered to keep your team motivated, productive, and delivering.

On the other hand, legal issues are much more delicate and must be handled expertly to avoid problems in the longer term for your organisation. Many employees have reported increased working hours at home, finding it difficult to switch off and manage an adequate work/life balance. Measuring working time and potentially unpaid overtime may present challenges for employers and they should take steps to address this. There are also issues like monitoring mental and physical health of your employees, wellbeing, and domestic abuse which may make home working an unsuitable environment for some employees and thus should be accommodated accordingly.

A one size fits all approach is not the ideal and employees and their representatives should be part of the conversation about what the return to the workplace looks like for historically office based staff.  Working with your staff and coming to an agreed solution, like hybrid or blended working, may be the best way forward for many companies and it seems likely to be an important factor in attracting and retaining talent as we start to put the last 18 months behind us.

Key Dates of High Street Voucher Scheme announced

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Economy Minister Gordon Lyons MLA has announced the key dates for the launch of the High Street Voucher Scheme:

  • September 27 – The online portal for applications open.

  • October 4 – The first tranche of cards will be issued to successful applicants.

  • October 11 – Telephone support service opens.

  • October 25 – The last qualifying date for those turning 18 to register for the pre-paid card. Portal and telephone services close.

  • November 30 – Scheme closes and pre-paid cards will cease to be valid.

The £100 pre-paid card can be used at any ‘brick-and-mortar’ retail outlet in Northern Ireland and cannot be used online. The verification process for using the card will operate in three stages, using the Electoral Register, the DVLA databases, and National Insurance numbers. People must register online, and a telephone support service will be available for those unable to access the online portal.

New industry-led strategy sets out roadmap for Northern Ireland Fintech sector to retain and enhance world leading status

Andrew Jenkins, FinTech NI and HMT Appointed FinTech Envoy for NI; Karen Bradbury, Sector Lead for Financial and Professional Services at Invest NI; Roisin Finnegan, NI FinTech Lead at Deloitte and Alex Lee, Chairman of FinTech NI.

Andrew Jenkins, FinTech NI and HMT Appointed FinTech Envoy for NI; Karen Bradbury, Sector Lead for Financial and Professional Services at Invest NI; Roisin Finnegan, NI FinTech Lead at Deloitte and Alex Lee, Chairman of FinTech NI.

A new report published today by FinTechNI, the representative body of the globally renowned Fintech sector here, has stated that Northern Ireland could set to benefit from over £25 million in new Foreign Direct Investment; the setup of over 20 new companies; and the creation of thousands of jobs in just three years.

The ambitious roadmap developed by Fintech experts at leading advisory firm, Deloitte, commissioned by Fintech NI, is the first time such an in-depth report has been created by the industry here.

The Fintech cluster, now estimated to be worth a significant £392million per year to the NI economy, identifies factors in this success to include - geographical advantage; talent, skills and education; a supportive and collaborative community and expertise in cyber security, AI, data analytics and RegTech - positioning Northern Ireland as a leading international hub.

The strategic roadmap states that to supercharge the Fintech sector here, several key areas need to be worked on, such as:

·        Supporting Fintech SMEs in making greater connections with investors, FDI companies and financial services institutions;

·        Addressing barriers to Skills and Talent to encourage younger people to get involved and take up jobs in the sector;

·        Helping to develop the funding networks for successful young Fintech companies to scale up, securing long-term funding options and identifying opportunities to attract international financial investment.

The publication of the roadmap comes soon after the HM Treasury backed Strategic Review of UK FinTech conducted earlier this year by industry expert Ron Kalifa OBE, which named Northern Ireland as one of the leading emerging clusters for Fintech in the UK. FintechNI has said that the outcome of the review presented a major opportunity for Northern Ireland to build on its burgeoning reputation.

Alex Lee, Chair of FintechNI, the industry association which commissioned today's report said:

“Northern Ireland is regarded as a world leader in the Fintech sector and often ranks highly in lists of the best places in the world to locate Fintech companies. We have shown time and again that we can attract foreign direct investment, have a strong talent pool and the right attitude towards the nurturing of fintech companies.”

“However, we recognise that we can't stand still and must challenge the barriers to growth and push our unique selling points to remain globally competitive. This three-year road map being published today outlines the key areas we must focus on to continue to build a collaborative community, leverage the knowledge and the expertise the existing financial and digital sectors and connect that with business support and funding to transform the sector for the benefit of the Northern Irish economy.”

“The potential to create thousands of jobs, attract tens of millions of pounds in foreign direct investment and to assist companies to set up, or scale up, in Northern Ireland is right in front of us and we should not limit our ambition for a sector that has shown such resilience and growth in difficult times.”

He added:

“A vast amount of work has gone into the development of this pathway in association with Deloitte and I would like to commend and thank those individuals, groups and businesses who have invested their time and resource in providing us with their experiences; ideas; and vision for the development of the sector. The feedback and input from over 50 people from the industry, professional services, academia and funders is greatly valued and appreciated.”

Ron Kalifa OBE, Chair of the Strategic Review of UK FinTech said:


“I am thrilled to see a three-year FinTech Strategy launch in Northern Ireland, a region that presents a tremendous opportunity for the sector to create jobs and further international trade by promoting innovation across financial services. This strategy is entirely consistent with the broader review of UK FinTech launched in February and I am delighted that FinTech NI is progressing the regional agenda through this piece of work.”

Kent Mackenzie, FinTech Leader at Deloitte said:

 “Northern Ireland already has and is developing a number of the components required to become a credible and truly impactful fintech hub.  This report outlines a roadmap that is ambitious, focused, and draws together all the strengths the region has in order to stand its ground on the global fintech stage.”

Suzanne Wylie, Chief Executive at Belfast City Council said:

“This report comes at the right time. The emergence from the pandemic and the need to reinvigorate and reshape the local economy, coupled with the vision of this dedicated roadmap is fortuitous.”

“In the last 18 months the world became hugely reliant on financial technology and the sector showed that it was resilient and able to meet that challenge. For Northern Ireland to already be ear marked as an outlier in this industry and one of the most advantageous places to set up and develop a Fintech company is a significant accolade.”

“As region and city deals are developed out, emphasis is placed on innovation hubs and growing business clusters. As the government reshapes its programme for government and consults on strategies on skills and the economy, this pathway developed by the sector itself will over the next three years contribute heavily to further investment and job creation and much needed economic prosperity.”

NI Assembly Speaker Alex Maskey MLA announces 'Members' Statements'

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Speaker of the NI Assembly, Alex Maskey MLA has written to all 90 MLAs to outline a new category of business, called ‘Members’ Statements’, that will be scheduled at the beginning of Plenary, occurring on a weekly basis.

  • Members’ Statements are aimed at providing greater opportunity for Members to make a statement to the Assembly on a topical matter of public interest.

  • The scheduling of Members’ Statements will be a matter for the Business Committee. The Committee on Procedures has said it expects the Business Committee to schedule Members' Statements usually on a weekly basis.

  • A maximum period of 30 minutes is expected to be available for Members’ Statements.

  • With the volume of legislation for the Assembly to consider before the end of the mandate, there will be occasions when the Business Committee agree that it is not appropriate for Members’ Statements to be scheduled.

  • A statement may, for example, be used as an opportunity to draw attention to a matter within a Member’s constituency, mark an achievement, or highlight a topical concern about public services. It may relate to local, national or international matters.

  • The Assembly has agreed that a statement must not: exceed three minutes in duration; relate to a matter scheduled for debate in the Assembly; address a question that has already been decided by the Assembly within the previous 6 months; or be used to impugn or to attack another member.

  • Members’ Statements are not intended to replace Matter of the Day which concerns matters of “exceptional public interest” and “relate to a matter which directly affects the people of Northern Ireland”.

Further Education Colleges getting the jab done as doors open to Jabbathon

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Mobile vaccination centres are to begin vaccinating students as they are set up across the six Further Education Colleges in a further push to encourage young people to get protected against Covid-19.

Working in partnership with the Public Health Agency and local health trusts, College leaders are encouraging those students who have yet to receive the vaccine to do so at one of the vaccine clinics on campus.

The vaccine pop-ups, which begin today, are also open for anyone aged 16 and above who are not enrolled at their local Further Education College but would like to avail of the jab.

The Department of Health’s ‘Jabbathon’ initiative, will see 60 pop-up clinics open across 30 Further Education and university campus sites across Northern Ireland, and is the latest step in the vaccine push for those aged between 16-29.

Leo Murphy, Principal and Chief Executive of North West Regional College said:

“It is fantastic to welcome the pop-up vaccination clinics to our college campuses and bring the vaccine right to our students, giving them convenient access to this service as they attend their lectures, seminars and classes.”

Karen Moore, Lead of the Covid Champions Group for the six Further Education Colleges said:

“From the beginning of September, significant work has been undertaken across the College estates to make the necessary changes to ensure the safe return to campus. We have been working with our student population to remind learners that face masks and social distancing are still required on college grounds, as per the PHA guidelines. We are also encouraging students to use Lateral Flow Tests as an extra precaution. Over the next weeks, staff will be onsite to provide students with advice and information about the vaccine and how to remain Covid safe while on campus.

“We have been working in partnership with the PHA and local health trusts to ensure students have the best access to the vaccine and the ‘Jabathon’, with over 20 Further Education sites available, means students will not have far to go to get jabbed as the new academic year begins. We are very pleased to be playing our part in the Covid-19 fight back and look forward to welcoming our health colleagues onto our campuses to help get the jab done.”

Brown O’Connor Communications Weekly Look Ahead: Week Commencing 13 September 2021

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Forward Look

  • The first plenary sitting of the new Northern Ireland Assembly term will take place on Monday.

  • Chancellor Rishi Sunak MP will deliver a Comprehensive Spending Review alongside an Autumn Budget on 27 October 2021. The three-year review will set out the devolved administrations’ block grants for 2022-25.

  • Sir Jeffrey Donaldson MP has suggested that the DUP could pull-out of power-sharing in Northern Ireland “within weeks” triggering a snap election if the NI Protocol remains. The party will also boycott North-South ministerial meetings.

  • Following the UK Government’s decision to indefinitely extend post-Brexit grace periods for goods entering NI from GB, at the end of September the EU is expected to bring forward new proposals in response to a UK Command Paper on the issue.

  • The Department of Health has launched a new ten-year alcohol and substance use strategy. Work will now be taken forward on Minimum Unit Pricing for Alcohol with a view to having a full public consultation.

  • The Northern Ireland Office will host a Business and Innovation Showcase on Wednesday 15 September, in partnership with the Department for International Trade and Invest NI.

  • Sinn Féin have selected Pádraig Delargy and Ciara Ferguson as the new MLAs to be co-opted to represent Foyle in the Assembly. They replace Karen Mullan and Martina Anderson who have taken new roles for the party “at national and regional level”.

  • Former First Minister, Arlene Foster MLA will step down as an MLA for Fermanagh and South Tyrone at the end of the month. Former DUP Press Officer, Deborah Erskine is expected to be co-opted as her replacement.

  • According to The Times, Prime Minister Boris Johnson MP is considering a reshuffle of his cabinet, potentially before the Conservative Party Conference in early October. It is speculated that among those to be demoted are Education Secretary, Gavin Williamson MP, Foreign Secretary, Dominic Raab MP and Home Secretary, Priti Patel MP. International Trade Secretary Liz Truss MP and Cabinet Secretary Michael Gove MP have been tipped for promotion.

  • The Executive has agreed that from 5pm today, the current requirement for table service in hospitality settings will be eased both indoors and outdoors.

  • On Monday, the First and deputy First Ministers and the Justice Minister will take part in Question Time. On Tuesday, the Agriculture Minister will face questions.

  • On Wednesday, The Executive Office Committee will receive oral evidence from Clare Bailey MLA on her Private Members’ Climate Change Bill. As part of the committee’s scrutiny of arms-length bodies, it will consider a written briefing from the Victims and Survivors Service. Infrastructure Minister Nichola Mallon MLA will update the Infrastructure Committee on current issues facing her department.

  • On Thursday, the Health Committee will scrutinise the Autism (Amendment) Bill, the Adoption and Children Bill, and the Health and Social Care Bill.

  • Secretary of State for Northern Ireland, Brandon Lewis MP will give evidence to the NI Affairs Select Committee on Thursday on the work of his department.

Other Stories this week

  • The UK Government has won a vote to increase national insurance contributions by 1.25% to fund health and social care reforms. Northern Ireland is expected to receive £400 million by 2024-25.

  • The Assembly was recalled on Thursday to debate a Sinn Féin motion on rising absences in schools due to Covid-19.

  • Agriculture Minister Edwin Poots MLA has held talks with Green Party leader Clare Bailey MLA on the potential amalgamation of Stormont’s two Climate Change Bills.

  • North West-based E&I Engineering has been sold to US firm Vertiv in a deal valued at $2 billon.

  • Innovation City Belfast (ICB), a partnership between key institutions including Belfast City Council, has appointed Professor Mark Gillan as Digital Innovation Commissioner and Clare Guinness as Innovation District Director.

  • Professor Siobhan O’Neill has been appointed by Health Minister Robin Swann MLA as Northern Ireland’s permanent Mental Health Champion.

  • Royal Portrush has been named at the host venue of The Open 2025 after a successful 2019 tournament.

  • Finance Minister Conor Murphy MLA has extended emergency protection for business tenants having difficulty paying rent on commercial leases as a result of the pandemic until March 2022.

  • Economy Minister Gordon Lyons MLA has said that there are “no plans at present” to introduce ‘right to disconnect’ legislation.

  • A recent report from Northern Ireland think tank, Pivotal has concluded that “serious shortcomings” exist for The Executive to deal with during the remainder of the mandate, including health waiting lists, long-standing school budget issues, the absence of a climate strategy, and difficulties in operating collectively.

  • Shauna Corr is the new Environment Correspondent for Reach Ireland. The BBC is currently recruiting for five roles, including three in radio, one in TV and a multi-platform journalist.

  • Mid and East Antrim Borough Council has officially launched a bid for Ballymena to be awarded with city status as part of a UK-wide competition to mark the Queen’s Platinum Jubilee.

Upcoming key political and business events

Consultations

Rio Ferdinand Youth Ambassador delivers powerful TEDxStormont talk on adversity in sport

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Local footballing star, Leo Brown, who is one of three Youth Ambassadors for the Rio Ferdinand Foundation across the UK, has delivered a powerful TEDxStormont Studio talk on dealing with adversity in sport.

Leo Brown, from Bangor, is an athlete, accountant and tech enthusiast who represented Northern Ireland as a teenager in its u19s team and left Northern Ireland at the age of 16 to play professionally for Birmingham City FC.

Due to injuries in his early career, he moved back to Northern Ireland and now plays for Ards FC and has founded his own tech company.

In his insightful TEDxStormont Studio talk entitled ‘Embracing Adversity’ Leo reflects on his injuries in his professional footballing career and shares his perspective on the setbacks and how he made them work in his favour.

This year, TEDxStormont is publishing 12 standalone TEDx Studio talks by speakers from many disciplines and backgrounds to share new and fresh ideas.

This series of talks is aimed at encouraging the public to have a better understanding of themselves and the world around them, while also bringing together brilliant minds to change attitudes on some of today’s hot topic issues.

Leo’s talk will be live across TEDxStormont social media channels from today.

Speaking ahead of the publication of Leo’s talk, Gary Stannett, Chief Executive of the Rio Ferdinand Foundation said:

“Leo has been a leader within the Rio Ferdinand Foundation in Northern Ireland and is currently working with our team to develop a series of workshops for young people on developing resilience and overcoming challenges.

“Leos’s story and his ability to overcome adversity is a story we hope will inspire others, and I would like to thank TEDxStormont for their support in sharing what is a great example of a young person taking a lead in their community.”

Curator of TEDxStormont, Eva Grosman said:

“Each year we aim to showcase the incredible lives of people from across Northern Ireland and provide a platform to share ideas and innovative thinking. Leo’s talk is a fantastic example of passion, resilience and leadership in sport and we are thrilled that he joined us for this year’s TEDxStormont Studio talks.”

TEDxStormont Studio talks can be found on TEDxStormont YouTube channel. Follow TEDxStormont social media channels for regular updates.

North West firm E&I Engineering Group acquired by US-based Vertiv

E&I Engineering’s electrical switchgear manufacturing facility.

E&I Engineering’s electrical switchgear manufacturing facility.

North West firm E&I Engineering has been acquired by Vertiv, a US-based infrastructure solutions and services company.

The electrical switchgear manufacturer, which has plants across Derry and Donegal and employs over 2,100 people worldwide, has entered into an agreement to join the publicly traded company via acquisition.

With all current roles to be safeguarded in the takeover, E&I says it will be followed by the recruitment of approximately 100 new staff across its three locations in the North West in the next year.

Headquartered in Ohio, Vertiv offers power, cooling and IT infrastructure solutions and services to customers in the data centre, communications, commercial and industrial markets. It employs over 20,000 people across over 130 countries.

The acquisition completes Vertiv’s data centre offering by adding a leading independent provider of switchgear and modular power solutions. Founded in 1986, E+I Engineering trades with over 32 countries, pioneering unique in-house integrated power solution designs and technology tailored to individual client project needs.

Founder and Chief Executive of E&I Engineering, Philip O’Doherty said:

“This transaction brings together two highly complementary businesses and represents a great outcome for E&I’s employees and customers.”

“We are excited to join the Vertiv team and continue to grow our business through Vertiv’s global reach, strong channel presence and great customer positioning in critical digital infrastructures.”

Philip O’Doherty, Founder and Chief Executive of E&I Engineering

Philip O’Doherty, Founder and Chief Executive of E&I Engineering

Chief Executive Officer of Vertiv Rob Johnson said:

“The acquisition of E&I represents a key milestone in Vertiv’s strategy, completing our portfolio of in-building power train offerings for data centres and vital Commercial & Industrial markets.”

“We look forward to adding E&I’s highly skilled team members to the Vertiv family. Our companies share a strong culture of engineering excellence and innovation and a passion for serving our customers with differentiated products and service.”

Electronic Communications Code spells headaches for landowners, by Eversheds Sutherland Partner Matthew Howse

As originally appeared in the Irish News, 7 September

Eversheds Sutherland partner Matthew Howse

Eversheds Sutherland partner Matthew Howse

A recent announcement by three mobile telephone networks that they have agreed a deal to build and share masts in order to improve 4G coverage in rural Northern Ireland, as part of the UK government's £1billion ‘Shared Rural Network’ programme, has been broadly welcomed.

This does however bring into sharp focus a developing issue in relation to electronic communications in Northern Ireland. In December 2017, The Digital Economy Act 2017 inserted a new Schedule to the Communications Act 2003, which in turn introduced a revised and updated electronic communications ‘code’.

These updates were introduced to reflect the significant and accelerated changes to electronic communications over the past 20 years. The Code, which brought its predecessor, originally developed in 1984, into the 21st century, aimed to better facilitate the installation and maintenance of electronic communications networks, and to provide network operators the ability to expand and improve their networks with more freedom. This of course reflects the dominance of mobile and internet networks today, and the enormous changes that modern technology has brought to our business and personal lives over the last number of years.

However, the interplay between the provisions of the Business Tenancies Order 1996 (the legislation which regulates the relationship between landlords and tenants) and the Code in Northern Ireland, is becoming a serious cause for concern for landowners and landlords.

Landowners both large and small have reported that some mobile network operators are trying to use the Code to force landowners not only to accept greatly reduced rents on tenancy renewals, but also to accept the mobile network operators’ standard form of tenancy agreements. Put simply, a mobile operator operates a mast or piece of communications infrastructure on a piece of land owned by a farmer or other landowner. The operator pays the landowner an agreed rate of rent each year to use their land for their mobile mast and apparatus.

In a situation however where such a lease or tenancy is approaching the point of expiry or renewal, the tenant operators are interpreting the current legal position as giving them greater power to negotiate or, in many cases, demand a much lower rate of rent from their landlord.  Up to now, these rents have often been quite substantial and a vital stream of income for independent farmers or other small landowners, amongst others. Naturally, landowners and landlords do not favour this interpretation of the law as it stands, and in many instances are finding that the mobile network operators are bringing proceedings against them in the Lands Tribunal in Northern Ireland in the absence of agreement.

While no one will argue that mobile and internet infrastructure is not vital to the wider community and society generally, landowners who are not properly apprised and aware of their legal rights could find that their erstwhile good tenant is seeking to impose much more onerous restrictions and a lower rent on them. Landowners have helped to facilitate the growth and expansion of the mobile network across the country, and should not feel that they have to take this lying down. There is a variety of legal options available to them, in what is very much a developing area of law in Northern Ireland.

However, if an agreement cannot be reached, a dispute can be taken to the Lands Tribunal to be resolved.

What is beyond dispute is that litigation regarding this issue in Northern Ireland is on the increase, as landowners and tenants find themselves increasingly at loggerheads over these issues.